Author: davidlhood

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Motor Vehicle Accidents

Distracted Driving Accidents in South Carolina

Distracted Driving Accidents
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Distracted driving accidents happen every day in South Carolina, and they can change lives in just a few seconds. When drivers take their eyes off the road, even for a moment, it can lead to serious crashes. These accidents often cause damage, injuries, or even death. It’s important to understand what distracted driving is and how to prevent it.

Types of distracted driving

There are three main types of distracted driving:

  • Visual distractions: When drivers take their eyes off the road. Looking at a phone, GPS, or even turning to talk to someone in the back seat are visual distractions.
  • Manual distractions: When drivers take their hands off the wheel. Eating, drinking, or changing the radio are common manual distractions.
  • Cognitive distractions: When a driver’s mind is not focused on driving. Daydreaming or thinking about something stressful can take a driver’s attention away from the road.

Many accidents happen because drivers are distracted by more than one of these at the same time.

What is the number one driving distraction?

The number one driving distraction is using a cell phone, especially texting while driving. Texting takes your eyes, hands, and mind off the road. Reading or sending a text while driving at 55 mph is like driving the length of a football field with a blindfold on. This makes texting one of the most dangerous things a driver can do behind the wheel.

Consequences of distracted driving

The consequences of distracted driving can be severe. Some common results include:

  • Car crashes
  • Injuries to drivers, passengers, or pedestrians
  • Expensive medical bills
  • Tickets or legal trouble
  • Higher car insurance rates
  • Death

Even a small distraction can cause a bad accident. That’s why it’s so important to stay focused while driving.

Distracted driving deaths

Sadly, distracted driving accidents cause thousands of deaths each year across the United States. In South Carolina, many families lose loved ones because of drivers who weren’t paying attention. These deaths are especially tragic because they are preventable. Staying focused on the road could save a life—maybe even your own.

Distracted driving laws in South Carolina

South Carolina has laws in place to stop distracted driving:

Texting while driving is illegal for all drivers in South Carolina. S.C. Code § 56-5-3890 states “It is unlawful for a person to use a wireless electronic communication device to compose, send, or read a text-based communication while operating a motor vehicle on the public streets and highways of this State.”

Current violations: Drivers can be fined $25 for a first offense and $50 for more than one.

However, on 5/12/25, the SC governor signed the South Carolina Hands-Free and Distracted Driving Act into law. The law states that starting September 1, 2025:

” While operating a motor vehicle on any public highway of this State, a person shall not:
(1) hold or support, with any part of the body, a mobile electronic device. This provision does not prohibit the use of an earpiece or device worn on a wrist to conduct voice-based communication;
(2) read, compose, or transmit any text including, but not limited to, a text message, email, application interaction, or website information on a mobile electronic device;
(3) watch motion including, but not limited to, a video, movie, game, or video call on a mobile electronic device.”

This means your phone cannot be in your hand, or in your lap while driving.

Violations: For the first 180 days after the law goes into effect, law enforcement will only issue warnings. After that, violations could result in fines and points against your driver’s license.

Distracted driving statistics

Here are some important facts about distracted driving:

  • According to the South Carolina Department of Public Safety, distracted driving causes over 20,000 crashes a year in South Carolina.
  • Young drivers are the most likely to drive while distracted.
  • More than 250,000 people are injured each year in the US in distracted driving accidents.
  • Nationally, more than 3,000 people die each year in distracted driving accidents.
  • “Texting and driving is six times more dangerous than driving drunk.”
  • “You are 90% more likely to have an accident when driving distracted.” (doi.sc.gov)

These numbers show just how serious the problem is. We can all help lower these statistics by putting down our phones and paying attention while driving.

How can you prevent distracted driving?

  • When you get in the driver’s seat, commit to focus fully on driving, and to avoid distractions.
  • Silence or store your cell phone out of reach so that you’re not tempted to look at it or use it while driving.
  • Adjust seats, mirrors, seat belt, etc. before getting on the road.
  • Set GPS, radio, and AC/heat before taking your car out of park.
  • Never attempt to multi-task while driving. Ask a passenger for help, or pull over to perform other tasks, like updating directions on the GPS.
  • As a passenger, discourage distracted driving, and help when needed.
  • Ask yourself: Who’s driving if I’m distracted?
    (DefensiveDriving.org)

The Law Offices of David L. Hood – Serving Car Accident Victims in South Carolina

If you or someone you love has been hurt in a distracted driving accident in South Carolina, the legal team at The Law Offices of David L. Hood and co-counsel will help you navigate the situation professionally. We have over 30 years’ experience helping people involved in serious accidents. After gathering all the necessary information, we will pour our efforts into building your case to get you a fair settlement. We’ll also take it to court if the insurance company won’t be reasonable.

Attorney Hood and his co-counsel legal team have a passion to help. We offer a free initial consultation where we provide candid legal advice on what options you may have. If you choose to work with us, we promise a contingent fee based case, where you don’t pay unless we get a recovery for you.

Call us today for your free initial consultation. We can also be reached 24/7 by email, text or chat.

Don’t wait—talk to a lawyer who understands distracted driving accidents today!

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Categories
Sexual Assault Attorney

Sexual Battery Cases in South Carolina

Sexual battery cases
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Sexual battery cases in South Carolina are serious and can have a major impact on victims and their families. In South Carolina, the law takes these crimes very seriously. Victims have the right to seek justice in both criminal and civil courts.     

Sexual battery definition

Sexual battery is defined as the penetration—no matter how slight—of the vagina or anus with any body part or object. This includes oral penetration by the sex organ of another person, without the consent of the victim. Based on this definition, sexual battery encompasses the crimes of rape, sodomy, and sexual assault with an object. The key element for all three of these sex offenses is the absence of consent. This includes situations where the victim cannot legally consent due to their age or mental/physical incapacity, whether temporary or permanent.

Reporting sexual battery cases

According to the most recent crime report published by the South Carolina Law Enforcement Division (SLED), there were 2,240 reported instances of sexual battery in 2023. Unfortunately, this number doesn’t reflect the actual amount of sexual crimes committed.

A report by the Rape, Assault, and Incest National Network (RAINN) states that, on average, out of every 1,000 sexual assaults, only 310 will be reported to the police. Of those 310 cases reported, only 50 will lead to arrests. Only 28 of those 50 perpetrators will receive a felony conviction, and 25 of them will actually be incarcerated. However, victims of sexual assault may still be able to sue their assaulter and other responsible parties in civil court for money damages, even without a criminal conviction.

In South Carolina, 95 percent of sexual offenders are male, and the majority of those offenders are between the ages of 25 and 34. A slim majority of female offenders are under 18, followed closely by those aged 25 to 34. The victims of sexual battery are predominantly female, with 10 percent of victims being male. In both cases, an overwhelming majority of the victims are under 18. Of the 1,969 female victims in 2023, 837 of them were minors (40 percent). Of the 228 male victims in 2023, 161 of them were minors (70 percent).

Relationships between perpetrators and victims

The relationships between male victims and their offenders were 51% acquaintances, 33% family members, 3% intimate partners, and 1% strangers. The other 12 percent were unable to identify the perpetrator of the assault. The relationships between female victims and their offenders were 45% acquaintances, 20% family members, 16% intimate partners, and 7% strangers. The remaining 12% were unable to identify the perpetrator of the assault.

Types of sexual battery crimes

Sexual battery can be divided into three crimes:

  • Forcible rape
  • Forcible sodomy
  • Sexual assault with an object

The most common type of sexual battery for males was forcible sodomy, while the most common type of sexual battery for females was forcible rape. The majority of male victims of forcible sodomy were under ten years old. The majority of female victims of forcible rape were between the ages of 11 and 17. Residences/homes are the most common areas where sexual battery is committed, with 62 percent of all sexual battery occurring there.

Sexual battery cases in SC

Within South Carolina, there are 8 counties that had over 100 sexual battery cases reported in 2023.

  1. Greenville County had 238 cases reported with a clear rate (number of perpetrators who are in the process of facing legal consequences) of 63 percent.
  2. Horry County had 236 cases reported and a clear rate of 31 percent.
  3. Richland County had 180 sexual battery cases reported and a clear rate of 25 percent.
  4. Charleston County had 162 cases reported and a clear rate of 23 percent.
  5. Spartanburg County had 127 sexual battery cases reported and a clear rate of 40 percent.
  6. Anderson County had 126 cases reported and a clear rate of 44 percent.
  7. Florence County had 119 cases reported and a clear rate of 9 percent.
  8. Lexington County had 115 cases reported and a clear rate of 21 percent.

Warning signs

Since many instances of sexual assault go unreported, it’s important to recognize the warning signs that someone may be a victim of sexual battery:

For adults, these warning signs are:

Experiencing depression, having low self-esteem, an increase in drug or alcohol use, falling grades or withdrawing from classes, avoiding specific places, and practicing self-harming behaviors.

For teenagers, these warning signs are:

Unusual weight gain or loss, experiencing anxiety or depression, falling grades, a sudden appearance of bruises, and expressing thoughts about suicide.

For children, these warning signs are:

Showing excessive knowledge about sexual matters, being overly compliant, not wanting to be alone with certain people, having nightmares and increased aggression, and regressive behaviors such as thumb sucking or bedwetting.

Sexual battery cases against children

Perpetrators of sexual battery against children often resort to manipulative behaviors known as grooming to gain access to a potential victim, coerce them to agree to the abuse, and reduce the risk of being caught. Grooming tends to follow the same pattern, so it’s easy to spot once you know the signs:

First, abusers tend to choose children that they view as vulnerable. Abusers will often put themselves in roles where they have access to minors and attempt to physically or emotionally isolate them from those who would protect them, often gaining the trust of victims through giving them gifts, extra attention, or sharing “secrets” with them. Finally, abusers often initiate physical contact with their victims in ways that seem harmless, like hugging or tickling, before escalating to increasingly sexual contact, such as massages. They may also talk about sexual content with or show pornography to their victim to introduce the idea of sexual contact.

Protecting children from sexual battery

The best ways to protect your children from sexual battery are to be involved in their life, encourage them to speak up, and to start conversations about safety when they’re young. Being actively involved in a child’s life can make warning signs of child sexual abuse more obvious and help the child feel more comfortable coming to you if something isn’t right. If you encourage them to speak up and have had conversations about safety, then these lessons help them know when something isn’t right and give them the power to speak up.

Protecting yourself

For college students and adults, there are steps that you can take to help yourself stay safe. It’s important to stay alert, lock your doors and windows before you sleep or leave your dorm or home, and have a plan B. In social settings, make sure to know your limits and to protect your drink. If you ever feel uneasy, trust your instincts. It’s okay to lie in order to exit an uncomfortable situation. Remember, your safety always comes first!

Video: Sexual Assault Cases

The Law Offices of David L. Hood, Sexual Assault Attorney in South Carolina

If you or someone you know has been affected by sexual battery in South Carolina, don’t wait to get help. You may be able to file a civil lawsuit and hold those responsible accountable for what they did.

Schedule your free consultation by calling The Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of sexual assault. At The Law Offices of David L. Hood, we work hard to make things simple for you.

After a free case evaluation, if we believe we can help you and your family, Attorney David Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!

Speaking up takes courage, but the law is on your side. With the right support, victims can take steps toward healing and justice.

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Categories
Workers’ Compensation Lawyer

Amazon Injury Rates Higher than Similar Warehouses

Amazon Injury Rates Higher than Similar Warehouses
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Amazon injury rates are higher than injury rates at similar warehouses.

Amazon is one of the biggest employers in the U.S. Its warehouses are known for fast shipping and high-tech automation. But they’re also getting attention for a more troubling reason—worker injuries. Reports show that Amazon warehouse workers get hurt more often than those at similar jobs. This raises serious concerns about safety and working conditions.

How do Amazon injury rates compare?

According to a recent study, the Occupational Safety and Health Administration (OSHA) reported that Amazon warehouses have greater injury rates than other fulfillment facilities. In fact, Amazon workers were roughly twice as likely as non-Amazon warehouse employees to sustain major accidents. Sprains, fractures, and repetitive stress injuries are examples of ailments that frequently require time away from work or medical treatment.

Amazon employs 79% of workers in warehouses with at least 1,000 employees. However, Amazon warehouses account for 86% of all injuries.

Data also suggests that serious injuries – ones requiring time off or job restrictions – occur more frequently in Amazon warehouses compared to other companies in the industry.

Why are Amazon warehouses more dangerous?

There are several reasons Amazon’s injury rates are higher than other warehouses. Many of these issues stem from the company’s focus on speed, automation, and strict worker productivity quotas:

Fast-paced work environment

Amazon warehouses operate at a rapid pace, with workers expected to meet high quotas for picking, packing, and moving items. Employees often report that they feel pressured to move as quickly as possible, leaving little time for proper lifting techniques or breaks. This fast-paced environment increases the risk of muscle strains, slips, and repetitive motion injuries.

Automation and robotics

Amazon has invested heavily in automation, using robots to move goods and assist with fulfillment. However, instead of reducing injuries, automation has often made jobs more demanding.

Workers are expected to keep up with robotic systems. This leads to faster movements, more repetitive tasks, and an overall increase in physical strain.

Amazon injury rates actually increase with robot automation

In recent years, Amazon has increased the use of robots in its warehouses to speed up delivery times and improve efficiency.

When Amazon started using robots, the company claimed the automation would help reduce injuries to workers. Reveal from the Center for Investigative Reporting has obtained Amazon records that show the exact opposite. While automation may help the company move products faster, it has also led to a significant rise in worker injuries.

Some reports indicate that Amazon injury rates are higher in warehouses that use robots compared to those that do not. In fact, reports from workplace safety groups show that injury rates at robotic fulfillment centers can be as much as 50% higher!

These “robots are apparently so efficient that quotas have increased substantially, requiring workers to do repetitive motions over long shift that can eventually lead to injuries.” For example, “workers at robotic fulfillment centers were expected to pick up and scan roughly 400 items an hour, compared with the standard rate of 100 items per hour at other facilities.” (CNBC.com) In other words, humans can’t keep up with the robots without hurting themselves.

Inadequate safety measures

While Amazon has stated that worker safety is a priority, many employees have reported that safety training is insufficient. In some cases, injured workers say they were discouraged from reporting their injuries or seeking medical treatment. Some warehouses have also been criticized for failing to provide enough rest breaks, forcing workers to push their bodies to the limit just to meet quotas.

The US Senate Committee on Health, Education, Labor, and Pensions conducted an investigation using seven years of Amazon workplace injury data. 130 Amazon workers were interviewed during this investigation. From this report:

“Workers report having to regularly bypass safety measures, such as properly using ladders or asking a teammate for help to lift a heavy item, to keep up with the company’s productivity requirements. As a result, workers are forced to choose between following safety procedures and risking discipline and potential termination for not moving fast enough.”

“Amazon actively discourages injured workers from receiving outside medical care, putting injured workers further at risk.”

Despite measures recommended by the Occupational Safety and Health Administration (OSHA), “such as an extra rest break or rotating workers to other jobs during the day,” Amazon has not widely implemented the measures. Therefore, injury rates have continued to rise.

What types of injuries are most common?

The most common injuries reported in Amazon warehouses:

  • Repetitive stress injuries: Constant bending, lifting, and reaching can cause long-term damage to muscles and joints.
  • Back and shoulder injuries: Lifting heavy items without enough recovery time leads to muscle strains and spinal issues.
  • Slips and falls: Fast movement in crowded warehouses can lead to dangerous falls, sometimes causing fractures or concussions.
  • Crush injuries: With heavy machinery and robotic systems in place, some workers have been injured by equipment or falling objects.

Amazon’s response to workplace injuries

Amazon has acknowledged workplace safety concerns and claims it is working to improve conditions. The company has introduced safety programs, better training, and injury prevention measures to try to improve Amazon injury rates.

Many workers and labor advocates argue that these efforts are not enough, as the pressure to meet productivity goals continues to put employees at risk. Workers feel that the pressure to meet quotas still overrides safety concerns, and that real change will only come with stronger protections and enforcement from regulators.

According to TheNation.com, Amazon has emphasized improvements in “lost time” rate. This refers to missed days of work due to injuries. However, a report by the Strategic Organizing Center found that Amazon could be shifting cases that would normally be categorized as “lost time” to “light duty”. “When workers are seriously injured, Amazon has a strategy to push them to keep working while they are recovering—a policy that is designed to reduce the number of lost time cases and save the company money on workers’ compensation program costs.”

Of course, this “Return to Work” program may cause injured employees to return before they should. 37% of injured workers reported that they were pressured to return to work before they felt ready. This can cause more injuries.

What can injured workers do?

If you are an Amazon warehouse worker who has been injured on the job, you have legal rights. You may be eligible for workers’ compensation benefits to cover medical bills, lost wages, and rehabilitation costs. In some cases, if your injury was caused by negligence, such as unsafe working conditions or lack of proper training, you may also have grounds for a legal claim against Amazon. However, navigating a workers’ compensation claim can be difficult, especially when dealing with a large corporation like Amazon.

In some cases, Amazon or its insurance providers may try to deny or minimize claims. If this happens, seeking legal help from an experienced workers’ compensation attorney can make a big difference in securing the benefits you deserve.

It is important to report any workplace injury as soon as possible and seek medical attention. Keeping documentation of your injury, including medical records and witness statements, can help support your claim.

Lastly, contact The Law Offices of David L. Hood and his co-counsel legal team – your workers’ compensation attorney.

Video: How Long Do You Have to File Workers’ Comp?

How we can help

If you or a loved one has been injured working at an Amazon warehouse (or any other warehouse), an attorney may be able to help you in several ways:

  • Filing a workers’ compensation claim: A lawyer should be able to guide you through the process and ensure all paperwork is completed correctly.
  • Appealing denied claims: If your claim is denied, an attorney can help you fight for the benefits you need.
  • Investigating workplace conditions: A legal team can look into unsafe conditions, hold your workplace accountable, and potentially seek additional compensation.
  • Protecting your rights: Your employer may pressure you to return to work too soon. A lawyer can work to ensure that you receive proper medical care and fair treatment.

Amazon injury rates continue to be higher than comparable warehouses, putting thousands of workers at risk. While automation and efficiency drive the company’s success, these factors have also contributed to dangerous working conditions. The fast-paced environment, repetitive tasks, and high expectations put employees at risk for serious injuries.

If you or a loved one has been injured while working at an Amazon facility, or any other warehouse, you may have legal options. Consulting with an experienced workers’ compensation attorney can help you navigate the claims process and ensure you receive the compensation and care you deserve.


The Law Offices of David L. Hood – Worker Injury Attorneys in South Carolina

The Law Offices of David L. Hood and co-counsel have been fighting for the rights of injured workers all across South Carolina for over 30 years. We have a dedicated team that will strive to take care of your claim professionally and treat you with respect. Over the years we and our co-counsel have represented hundreds of injured workers and their families, working hard to get them the medical treatment and compensation they deserve.

To learn more about what we can do for you, contact our offices to set up a free initial consultation. If you choose to work with us, we will handle your case on a contingent fee basis, which means you pay nothing unless we make a recovery for you. To get in touch with us, you can contact our offices by phone, email, text or chat.

GET A FREE workers’ compensation CONSULT

Categories
Medical Malpractice Lawyer TBI

Causes of TBI

Causes of TBI
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What are the main causes of TBI? First, let’s talk about what a TBI (traumatic brain injury) is.

What is a TBI?

The Centers for Disease Control and Prevention (CDC) defines a TBI as “a bump, blow, or jolt to the head that disrupts the normal function of the brain.” Anything that penetrates brain tissue can also cause a TBI (for example, a bullet or knife). These injuries can be mild (like a concussion) or severe, leading to long-term disabilities.

TBI is a major cause of disability and death in the United States. According to Brainline.org, 2.8 million Americans are diagnosed with Traumatic Brain Injuries each year. 2.5 million of those 2.8 million are treated in the emergency room and released. 282,000 are hospitalized; and 56,000 die as a result of TBI.

Understanding the common causes of TBI can help people stay safe and know their legal options if someone else is responsible for their injury.

Causes of TBI

Head injury at work

Workplaces can be dangerous, especially in industries like construction, manufacturing, and warehousing. Falling objects, slips and falls, and heavy machinery accidents can all lead to serious head injuries. Workers who are not given proper safety equipment or training are at an even higher risk. If an employer fails to follow safety rules and a worker suffers a TBI, the injured person may have a legal case to seek compensation.

Common causes of TBI in the workplace:

  • Slips and falls – Wet floors, cluttered walkways, or uneven surfaces can cause workers to fall and hit their heads.
  • Falling objects – Tools, materials, or equipment can fall from above and cause serious head trauma.
  • Vehicle accidents – Workers who drive trucks, forklifts, or other heavy equipment are at risk of head injuries in crashes.
  • Explosions or blasts – Sudden loud noises or shock waves can cause concussions, especially in industrial settings.
  • Workplace violence – Physical altercations or assaults can result in traumatic brain injuries.

Legal implications of a workplace head injury

If you suffer a head injury at work, you may be entitled to compensation. Here are some legal options to consider:

Workers’ compensation

Most employers in South Carolina must carry workers’ compensation insurance. If you are injured on the job, this coverage can help pay for:

  • Medical expenses
  • Lost wages
  • Rehabilitation costs
  • Disability benefits

Workers’ compensation is a no-fault system, meaning you do not have to prove your employer was negligent to receive benefits. However, your claim could be denied if you failed to report the injury on time or if the insurance company disputes your case.

Third-party claims

In some cases, another party may be responsible for your head injury. If a defective product, unsafe equipment, or negligent contractor caused your accident, you may be able to file a personal injury lawsuit against them. This could allow you to seek compensation beyond what workers’ comp provides, including pain and suffering damages.

What to do after a workplace head injury

If you suffer a head injury at work, take these steps to protect your health and legal rights:

  1. Seek medical attention – Even a minor head injury can lead to serious complications. Get checked by a doctor as soon as possible.
  2. Report the injury – Notify your employer right away. In South Carolina, you typically have 90 days to report a workplace injury.
  3. Document everything – Keep records of medical visits, accident reports, and any communications with your employer or insurance company.
  4. Consult an attorney – A workers’ compensation lawyer can help you navigate the claims process and fight for the benefits you deserve.

Car accident head trauma

Car accidents are another one of the leading causes of TBI. A car accident can happen in an instant, but the effects can last a lifetime. One of the most serious injuries a person can suffer in a motor vehicle crash is head trauma.

A sudden crash can cause a driver or passenger to hit their head against the steering wheel, dashboard, or window. Whiplash can also cause a brain injury without direct impact to the head. Even if there is no visible injury, the brain can move inside the skull, leading to bruising, swelling, or bleeding.

Long-term issues can stem from even a mild concussion, while severe brain injuries may require lifelong care. If another driver’s negligence caused the accident, the injured person may be able to file a legal claim for damages. In this case, it’s important to understand your legal rights and options.

Who is liable for head trauma after a car accident?

Determining who is responsible for your injuries is key to getting compensation. Liability in a car accident usually depends on negligence, which means proving that someone else caused the crash. Common parties who may be held responsible include:

  • Other drivers: If another driver was speeding, distracted, or reckless, they may be held liable.
  • Car manufacturers: If a vehicle defect contributed to your injury, the manufacturer could be at fault.
  • Government agencies: If poor road conditions or faulty traffic signals played a role, a government agency might be responsible.

A lawyer can help investigate your accident and determine who should be held accountable.

Compensation for car accident head trauma victims

Victims of head trauma may face expensive medical bills, lost income, and a lower quality of life. A legal claim can help recover compensation for:

  • Medical expenses – Hospital stays, surgery, rehabilitation, and future treatments.
  • Lost wages – If you miss work or are unable to return to your job.
  • Pain and suffering – Emotional distress and reduced quality of life.
  • Long-term care costs – If the injury leads to permanent disability.

In cases where the accident was caused by extreme negligence or reckless behavior, punitive damages may also be available.

Proving a head trauma case can be complicated. Insurance companies may try to downplay your injuries or deny your claim. A lawyer can gather evidence, negotiate with insurance companies, and fight for the full compensation you deserve.

TBI caused by Medical Malpractice

In some cases, medical malpractice can be one of the causes of TBI. When a doctor or hospital is at fault for a patient’s TBI, the victim or their family may be able to take legal action.

How can medical malpractice cause a TBI?

There are several ways a medical mistake can lead to a TBI:

  • Surgical errors – A mistake during brain surgery or procedures involving anesthesia can cause oxygen loss or direct damage to the brain.
  • Lack of oxygen (hypoxia) – If a patient is not given enough oxygen during surgery or childbirth, brain cells can start to die, leading to a TBI.
  • Medication errors – The wrong drug or incorrect dosage can lead to seizures, strokes, or other conditions that damage the brain.
  • Failure to diagnose or treat – If a doctor fails to detect a stroke, brain infection, or other condition in time, it can lead to permanent brain damage.

Legal implications of a TBI caused by medical malpractice

If a TBI was caused by medical malpractice, the patient may be entitled to compensation. However, proving a malpractice case can be complex. The patient (or their family) must show that:

  1. The doctor or healthcare provider had a duty to provide proper care.
  2. The provider failed to meet the standard of care.
  3. That failure directly caused the TBI.
  4. The injury resulted in significant harm, such as medical bills, lost wages, or long-term disability.
What compensation is available?

Victims of medical malpractice may be able to recover damages, including:

  • Medical expenses – Costs for hospital stays, rehabilitation, and ongoing treatment.
  • Lost wages – If the injury prevents the person from working.
  • Pain and suffering – Compensation for emotional and physical distress.
  • Long-term care – If the injury requires lifelong medical attention.

Medical malpractice cases are complicated and require strong evidence. A skilled attorney can help gather medical records, consult experts, and fight for fair compensation. If you or a loved one suffered a TBI due to a medical mistake, seeking legal help is essential.

In conclusion, workplace accidents, car accidents and medical malpractice can all be causes of TBI.

Video: What are my options if I’ve suffered a TBI?

Online resources for South Carolinians with TBI’s:

Medical University of South Carolina
SC Department of Public Health

Seeking legal help

A traumatic brain injury can change a person’s life forever. If someone else’s negligence caused the injury, they should be held accountable. A skilled attorney can help victims and their families understand their rights and fight for the compensation they deserve. If you or a loved one has suffered a TBI, speaking with a lawyer could be the first step toward justice.

Because of the tremendous costs and long-term health consequences associated with TBI’s, if you suffer a TBI that is through no fault of your own, it is a good idea to contact an attorney for help.

Contact TBI Attorney David L. Hood for a Free Consultation

If you or someone you care about has suffered a traumatic brain injury, please schedule your free consultation by calling The Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of a traumatic brain injury. At The Law Offices of David L. Hood, we work hard to make things simple for you. After a free case evaluation, if we believe we can help you and your family, Traumatic Brain Injury Attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!

Other online resources used for this article:
https://www.neuroskills.com/about/media-center

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Categories
Motor Vehicle Accidents

Dram Shop Law Cases in South Carolina

Dram shop cases in South Carolina
A bartender reaching for a bottle of liquor
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Dram shop law cases are personal injury lawsuits that involve the illegal sale or serving of alcohol. In these cases, the plaintiff seeks to hold the server, store clerk, bar or restaurant liable for the harm caused by the drunk customer. 

What is a dram shop?

“The term dram shop is used to describe a tavern, bar, restaurant, or other commercial establishment that serves alcoholic beverages. It was used to refer to establishments where spirits were sold by the spoonful or a dram, a unit of liquid measurement.” (alcohol.org)

What is a dram shop case?

Dram shop laws originated in the United States during the 19th century.

A dram shop law case occurs when the intoxicated person causes injury or death to a third party after the dram shop has sold beer or wine to them under one of the following conditions: the person was under the age of twenty-one or was already intoxicated. That third party may then bring a lawsuit against not only the drunk person, but also against the place that sold the alcohol to the already intoxicated person or minor.

Although there is no specific dram shop statute in the Palmetto State, South Carolina does recognize dram shop claims. SC law Section 61-4-580 states: “No holder of a permit authorizing the sale of beer or wine or a servant, agent, or employee of the permittee may knowingly commit any of the following acts upon the licensed premises covered by the holder’s permit: sell beer or wine to a person under twenty-one years of age; sell beer or wine to an intoxicated person.”

Proving a dram shop claim can be tricky. That’s why it’s important to contact a lawyer who can help. You must prove that the restaurant or bar knowingly served alcohol to a minor or someone who was already clearly drunk, and that your injuries were caused by that barfly’s being under the influence.

Dram shop law cases in South Carolina

Hartfield v. The Getaway Lounge & Grill, Inc. (697 S.E. 2d 558, 388 S.C. 407) set the rules for proving alcohol liability in South Carolina. The South Carolina Supreme Court decided this important case in 2010. It involved a customer who was served alcohol at several bars before causing a car accident that killed one person and badly hurt another.

In this case, Hoyt Helton went to several different bars and drank too much. When he arrived at The Getaway Lounge and Grill, the bartender should have been able to tell Helton was intoxicated before serving him three more beers. Later that night, while driving, he crossed over into the wrong lane and hit a car. Jon Erik Hartfield was a passenger in that car. Helton, (whose blood alcohol level measured .212) died in the crash.

Hartfield and his dad decided to sue three of the bars Helton had stopped by that night. They believed the bars were partly to blame for letting Helton drink so much. During the trial, Hartfield’s father testified that his son was badly hurt and was in a coma for over six months. “Jon still requires care, wears a leg brace, is unable to drive, and has problems with short term memory.”

Case results

In the end, Hartfield and his dad won their lawsuit against The Getaway Lounge & Grill.

The court said the bar could be held responsible because:

  • The customer’s blood alcohol content (BAC) was .212, showing he was drunk.
  • The bar should have known he was drunk.
  • The bar could still be liable even if the customer didn’t seem obviously drunk.

This case helped define dram shop liability in South Carolina. This means businesses may be held accountable if they serve alcohol to someone who is intoxicated (over .08% blood alcohol level) or underage and they cause harm.

Over two-million-dollar settlement  

On a late night a young lady was driving the speed limit and heading to her third shift where she had worked as a care giver for almost 10 years.

Unknown to her, a man was leaving a bar. He had had a lot of alcohol to drink. In fact, depositions and discovery showed a bar tab of 36 drinks. He was also speeding when he crashed into the rear of the defenseless woman. The police report showed he was going 85 miles per hour in a 40 MPH zone.

The young lady was shocked when the intoxicated man hit her forcing her car to flip several times before it was finally stopped by a tree. The chaos of the accident led to one victim being airlifted to the hospital with EMS and the fire department also involved. 

In this case, Attorney Hood of The Law Offices of David L. Hood and his co-counsel legal team were able to get the maximum available liability insurance ($50,000) from the at fault driver. They were also able to get the total available underinsurance of $100,000.

But the largest recovery was getting the entire insurance available under the South Carolina Dram Shop Act – which was $2,000,000.

South Carolina dram shop act requirements

In South Carolina, businesses with liquor licenses are required to carry at least $1,000,000 to cover situations where they knowingly serve alcohol to someone who is visibly drunk and hurts an innocent party. Typically, to get this kind of result, the lawyers have to file suit (which they did in this case) and engage in thorough investigations, discovery & depositions. Any videos, training and statements are critical to get in dram shop cases. If someone is a victim of an intoxicated person who’s just left a bar, restaurant or club, it’s key to contact an experienced dram shop lawyer to help get the best results.

What is the statute of limitations for dram shop law cases?

Like other personal injury cases in South Carolina, the statute of limitations on dram shop law cases is usually three years. This means you typically have up to three years from the date of the accident to file a case.

In SC, businesses who sell on premises drinking alcohol are required by law to have a minimum $1,000,000 liability policy.

Every drunk driving claim is unique. So, it’s impossible to generalize about your case without knowing all the facts and circumstances. If you have questions about your potential claims, call us at (843) 491-6025.

Video: Hit by a drunk driver?

Injured by a drunk driver? Steps to take:

In the aftermath of a drunk driving wreck, it’s understandably hard to think clearly. Your focus is on your safety, getting medical attention, and calling law enforcement. If you didn’t think to take pictures or identify witnesses, don’t panic. An experienced South Carolina car accident and personal injury lawyer can investigate the crash that injured you and collect evidence for your claim.

After the accident, you’ll typically have to file a series of insurance claims. The insurance adjuster may want to take your statement. They might discourage you from hiring a personal injury lawyer.  It’s not in your best interest to make statements or negotiate a settlement without help from an attorney (see our blog Insurance Company Bluff). Instead, you should contact an experienced motor vehicle accident lawyer (who’s handled dram shop cases) right away for help.

Motor Vehicle Accident Attorney David L. Hood: Fighting for Victims of Drunk Driving and Personal Injury in South Carolina

If you or a loved one suffered injuries or death in a serious drunk driving crash or other type of auto accident in South Carolina, contact The Law Office of David L. Hood to help you! We have served South Carolina accident and dram shop victims for over 30 years by standing up to insurance companies, demanding fair compensation, and helping our clients rebuild their lives. Contact us online or call us at (843) 491-6025 to schedule your free, no-risk initial consultation with David L. Hood today.

*Settlements are posted for informational purposes only. Any future verdicts or settlements cannot be predicted from prior results. Any result the lawyer, law firm or co-counsel may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.

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Categories
Medical Malpractice Lawyer

Surgical Complications Caused by Medical Errors

Surgical complications caused by medical errors
A lady in a hospital bed, sleeping.
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Many surgical complications are caused by medical errors, according to a new study led by Harvard T.H. Chan School of Public Health. Over a third of inpatient surgical patients “have adverse events related to their care, and at least 1 in 5 of these complications is the result of medical errors, the researchers found.” (CNN.com)

Surgery is often a necessary part of treating serious health conditions. While most procedures go as planned, medical errors during or after surgery can lead to complications. These mistakes can cause physical pain, emotional distress, and financial strain for patients and their families.

New study

Comparing the results of this new study to a similar study from 40 years earlier, the safety issues haven’t gotten any better, unfortunately. Sadly, the problem may be even worse than it was in the previous study. (hsph.harvard.edu)

Many important changes have been made since the original study that should make surgeries safer. A few examples are electronic medical records, pre-surgery checklists, and better awareness of conditions like sepsis.

Common examples of medical errors that can cause surgical complications

  • Surgery on the wrong site: This occurs when a surgeon operates on the wrong body part. For example, a patient might need surgery on their right knee, but the left knee is mistakenly operated on. Despite protocols like marking the correct site, these errors still happen in rare cases.
  • Retained surgical instruments: After surgery, tools like sponges, needles, or clamps can be accidentally left inside a patient. These objects may lead to infections, severe pain, or even additional surgeries to remove them.
  • Anesthesia errors: Administering the wrong dose of anesthesia is another common mistake. Too much anesthesia can cause breathing problems, brain damage or even death. Too little anesthesia can lead to a patient waking up during surgery.
  • Nerve damage: Surgery often involves working near nerves. A slip of the hand or improper use of tools can accidentally damage nerves, causing chronic pain, numbness, or loss of function in the affected area.
  • Organ perforation: During abdominal or pelvic surgeries, a surgeon might unintentionally puncture an organ like the stomach, intestines, or bladder. If not promptly addressed, this can lead to severe infections or organ failure.
  • Infections after surgery: Poor hygiene, improper sterilization of tools, or failure to follow care protocols can lead to infections. These infections may cause prolonged hospital stays, additional surgeries, or long-term complications.
  • Medication errors: Surgical patients often receive medications before, during, and after surgery. Mistakes like giving the wrong drug, incorrect dosage, or failing to check for allergies can have serious or even fatal consequences.

Even highly trained surgeons and nurses can make mistakes, especially under pressure or when working in understaffed environments.

Causes of medical errors

Several factors can contribute to medical errors. Some are related to human mistakes, while others stem from problems within the healthcare system.

  • Lack of communication: Clear communication among the surgical team is essential. Misunderstandings about the surgical plan, patient information, or equipment can lead to serious errors.
  • Fatigue or burnout: Surgeons and medical staff often work long hours. Fatigue can impair judgment, concentration, and coordination, increasing the risk of mistakes.
  • Inadequate training: If a surgeon or assistant is not properly trained or experienced with a specific procedure, they may be more likely to make errors.
  • Faulty equipment: Malfunctioning surgical tools or devices can lead to complications. For example, if a monitor stops working, the surgical team may miss crucial changes in the patient’s condition.
  • Rushed procedures: When hospitals are busy, some surgeries may be rushed to make room for other patients. This can result in shortcuts or overlooked details.
  • Poor pre-surgical planning: Before surgery, the team should review the patient’s medical history and plan the procedure carefully. Skipping this step can lead to errors during the operation.

Preventing medical errors requires action from both healthcare providers and patients.

Risk of surgical complications

The older a patient is, the more likely he/she will have complications during/after surgery. The risk of complications also increases with certain types of surgeries. Heart and lung surgeries have the highest rate of complications; gut and digestive system operations have the next highest rate, followed by procedures involving bones and joints.

Deborah Mate is the president and CEO of the Institute of Healthcare Improvement, a non-profit organization that advocates for patient safety. Mate said this problem, “should be alarming to everyone in the industry that is paying attention.” (CNN.com)

How to prevent surgical medical errors

Steps for healthcare providers:

  1. Implement safety protocols, such as pre-surgery checklists.
  2. Foster a culture of communication where team members feel comfortable speaking up about concerns.
  3. Provide ongoing training to ensure staff are skilled in the latest techniques.
  4. Use advanced technology to monitor patients and detect issues early.

Steps for patients:

  1. Choose a reputable hospital and surgeon with experience in the procedure you need.
  2. Ask questions about the surgery, including risks and recovery expectations.
  3. Provide a detailed medical history, including allergies and medications.
  4. Confirm the surgical plan with your doctor before the procedure.
  5. Bring someone with you if you’re going in for surgery. The patient is not always as mentally alert as normal or is in a lot of pain.

By staying informed and advocating for patient safety, we can work towards a healthcare system that minimizes these preventable mistakes.

Surgical Safety Checklist in South Carolina

The World Health Organization (WHO) surgical safety checklist has been shown to reduce complications and mortality when used. The checklist includes important steps and things to check before surgery starts, during the surgery, and before the patient leaves the operating room.

In South Carolina, this checklist has become standard procedure in many healthcare facilities. Successful use of the surgical safety checklist is estimated to save the lives of up to 500 South Carolinians per year. (SCHA.org) Unfortunately, this checklist is not mandatory all over the United States.

For more information, see our surgical safety checklist blog .

Legal and emotional impact of medical errors

Surgical complications don’t just affect a patient’s health—they can also have legal and emotional consequences.

  1. Financial burden: Additional surgeries, hospital stays, and medications can lead to overwhelming medical bills. Many patients also lose income if they are unable to work while recovering.
  2. Emotional distress: Experiencing a medical error can cause anxiety, depression, or post-traumatic stress. Patients may lose trust in healthcare providers, making future medical care more difficult.
  3. Legal action: Patients who suffer from surgical complications caused by medical errors may have the right to file a medical malpractice lawsuit. These claims aim to provide compensation for damages such as medical costs, lost wages, and pain and suffering.
Video: What do you need to do to file a medical malpractice lawsuit in South Carolina?

Surgical complications caused by medical errors can have devastating effects on patients and their families. While mistakes can happen, many are preventable with proper care, planning, and communication.

Holding healthcare providers accountable not only helps you recover but also encourages improvements in the healthcare system. A medical malpractice attorney can help you understand your rights and options.

Contact Medical Malpractice Attorney David L. Hood for a Free Consultation

If you or someone you care about has suffered surgical complications caused by a medical error, please schedule your free consultation by calling The Law Offices of David L. Hood at (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the immediate and long-term effects of a serious malpractice-related injury. At The Law Offices of David L. Hood, we work hard to make things simple for you.

After a free case evaluation, if we believe we can help you and your family, medical malpractice attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put our years of experience to work for you!

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Categories
Motor Vehicle Accidents

Blood Alcohol Concentration-Should the Legal Limit Be Lowered?

Blood Alcohol Concentration - Should the Legal Limit Be Lowered?
A driver at the wheel, with the left hand on the steering wheel, and the right hand holding an open bottle of alcohol.
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Blood alcohol concentration is defined as the amount of alcohol in a person’s blood stream. It’s often referred to as BAC and is measured by a percentage. For example, a BAC of 0.08% means there are 0.08 grams of alcohol for every 100 milliliters of blood. BAC is used to determine if someone is legally too drunk to drive. But some people believe the legal limit should be lowered to make roads safer.

BAC legal limit history

In 1998, the National Highway Traffic Safety Administration (NHTSA) implemented “a national limit, under which it would be illegal to operate a motor vehicle with a blood alcohol concentration of .08 or higher” to deter impaired driving. (one.nhtsa.gov)

The number .08% BAC was chosen at that time for the following reasons:

  • Most drivers are substantially impaired at .08% BAC
  • The risk of being involved in a crash increases substantially at the .08% level
  • .08% BAC is a reasonable level at which to set the legal limit – it’s not normally reached with a glass or two of wine with dinner, or with a couple of beers after work
  • The public supports BAC levels below .10%
  • “Most other industrialized nations have set BAC limits at .08% or lower and had these laws in place for many years.”

How are blood alcohol levels measured?

Blood alcohol concentration can be measured by blood, breath or urine tests.

When you’re driving anywhere in the US, implied consent laws require that you have to submit to a blood alcohol level test if there is reason to believe you’re impaired. “Refusal to do so can result in penalties including fines, fees, and the administrative suspension of your license. The refusal to submit to testing can also be used against you in your drunk driving case.” (Forbes.com) 

Alcohol legal limit for DUI today

The legal drinking limit refers to how much alcohol a person can have in their system while driving. The legal drinking limit for drivers in all American states (except for Utah) is still 0.08%. In Utah, the BAC limit is .05%. (Forbes.com)

If your BAC is higher than the limit for the state you’re driving in at the time, you are considered impaired by alcohol and can be arrested for driving under the influence (DUI). Studies have shown that even small amounts of alcohol can affect your reaction time, decision-making, and ability to drive safely.

Some countries have set their BAC limits lower, and advocates argue that lowering the limit in the US could prevent accidents and save lives.

Alcohol legal limit – zero tolerance

Most states also have an alcohol legal limit for zero tolerance. This usually applies for drivers under the age of 21 (since existing laws prohibit them to consume alcohol). Zero tolerance may also apply to commercial bus and truck drivers.

The zero tolerance BAC limit is typically much lower at 0.02%, or even zero in some states.

Many people believe that lowering the BAC limit for all drivers could help reduce the number of alcohol-related accidents and fatalities.

Legal alcohol limit in SC

In South Carolina, the legal BAC limit for most drivers is 0.08%. However, zero tolerance in SC is set at .02% for drivers under 21, and .04% for commercial drivers.

South Carolina has seen many accidents and fatalities due to impaired driving. In fact, South Carolina is the worst in the nation for fatalities due to drunk driving. This is according to a study by Simmrin Law Group. 43% of all traffic fatalities in The Palmetto State are caused by drunk drivers. That’s 474 traffic fatalities a year caused by drunk drivers! The national average is 32%.

All Offender Law

In South Carolina, a new law became effective in May 2024 that may help cut down on drunk drivers. The All Offender Law requires all individuals convicted of DUI to have a device installed in their car if they want to drive. The ignition interlock device (IID) is a breathalyzer device. It will keep the car from starting until the driver blows into it and no alcohol is detected. (dppps.sc.gov)

Prior to the All Offender Law, SC law was less strict as far as who had to have the IID installed in their car.

Video: South Carolina Implementing Ignition Interlock Law

Should the legal limit be lowered?

Proponents say that stricter limits could lead to fewer drunk driving incidents. Opponents worry that it could unfairly punish responsible drivers who have only had a drink or two.

As mentioned before, the BAC legal limit in Utah is .05%. It is the only state with a legal limit below .08%. Utah is also has the least drunk driving fatalities, at 22% of all traffic fatalities. A study by the National Highway Traffic Safety Administration (NHTSA) shows that Utah’s impaired driving-related fatalities decreased by 18.3% after the legal limit was lowered from .08% to .05%.

Over 50 countries have a BAC limit of .05. More than 30 other countries have an even lower limit. International studies have shown that when a country lowers BAC limits from .08 to .05, alcohol-related fatal and injury crashes decrease between 5% and 10%. (NTSB.gov)

These statistics show that a lower BAC legal limit may deter drinking and driving.

Other studies and statistics

Effects of .05% BAC versus .08% BAC

.05% BAC:

  • loss of fine motor control
  • reduced coordination
  • lowered reaction time
  • impaired judgment
  • low alertness

.08% BAC:

  • small and large motor function control
  • poor hearing, seeing, speaking and coordination
  • short-term memory loss
  • impaired perception
  • reduced cognitive processing speed (Healthline.com)

Lowering the BAC limit might lead to fewer accidents and save lives, but it could also bring challenges. Some people believe that education and stronger enforcement of existing laws would be more effective. However, with growing concerns about alcohol-related crashes, it’s definitely a debate worth having.

Misconceptions about blood alcohol concentration

Drunker than you realize? A few facts that may make you a bad judge:

  • A full stomach can slow the absorption of alcohol, but it does not mean alcohol can’t creep up on you.
  • Coffee will not make you sober. Only time will.
  • Carbonated beverages can cause quicker alcohol absorption.
  • Stress can cause alcohol to enter your bloodstream faster.
  • Women get drunk faster than men, even at the same body weight. (idrivesafely.com)

If you have been drinking, arrange for a designated driver from a friend, a cab or ride share. Don’t drive. Robert L. Sumwalt with the NTSB says the goal is to separate drinking from driving. “We don’t tell kids, you should only drive a little drunk. We teach them not to drink and drive…Americans can drink responsibly. And they can drive responsibly. But nobody can responsibly drink and drive.” (Fortune.com)

Lowering the legal BAC limit could be a step toward reducing alcohol-related accidents and saving lives, but it’s not without controversy. Some argue that stricter limits would improve road safety. Others feel that focusing on education and better enforcement might be the key. The decision to lower the legal limit should balance public safety with fairness to responsible drivers. Whether or not the limit changes, it’s important to always drive sober and make smart choices when alcohol is involved.

The Law Offices of David L. Hood: Fighting for Victims of Drunk Driving and Negligence in South Carolina

If you or a loved one suffered injuries in a serious drunk driving crash or other type of auto accident in South Carolina, contact The Law Office of David L. Hood for help right away. We have served South Carolina accident victims for over 30 years by standing up to insurance companies, demanding fair compensation, and helping our clients rebuild their lives. Contact us online or call us at (843) 491-6025 to schedule your free, no-risk initial consultation with David L. Hood today.

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Categories
Product Defects

ATV Safety in South Carolina

Four-wheeler Safety
A four-wheeler that has been wrecked
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ATV safety is important, especially in a state like South Carolina, where many people enjoy riding all-terrain vehicles. While riding four-wheelers can be fun and exciting, it can also be dangerous if you’re not careful.

Four Wheelers or All-Terrain Vehicles (ATVs) have many practical uses, such as riding around a large property or navigating woods while hunting. However, these vehicles are just as dangerous as cars. And in South Carolina they have a lot less regulations.

What is an ATV?

An ATV, or all-terrain vehicle, is a motorized vehicle designed for off-road use. It usually has four large tires, a seat for the driver, and handlebars for steering. ATVs are commonly used for recreation, farming, and outdoor work, especially in rural areas.

Why are ATVs so dangerous?

ATVs can be dangerous because they are heavy and can travel at high speeds. They are designed to go over rough terrain, which makes them prone to tipping over. Since ATVs are often used in places without clear roads or paths, the risk of crashing into obstacles or losing control increases. Many injuries happen because riders are not wearing helmets, riding on paved roads, or carrying passengers when they shouldn’t.

ATV Accidents

ATV accidents are common in South Carolina. Many riders underestimate the risks, especially younger or inexperienced drivers. Common causes of accidents include speeding, riding on steep hills, and not following basic safety rules. ATVs are difficult to control on paved roads, yet some people still ride them there, increasing their chances of crashing. Wearing proper safety gear like helmets and protective clothing can reduce the risk of injury.

ATV Deaths

Sadly, ATV accidents can be fatal. Every year, people lose their lives due to ATV crashes, especially in rural areas where help may take longer to arrive. Young riders are particularly at risk because they may not fully understand how dangerous ATVs can be.

According to national data, hundreds of ATV-related deaths happen each year. The most common reasons for ATV deaths are overturns and collisions (with another vehicle or an object like a tree). Usually, these accidents result in the occupant(s) being ejected. (CPSC.gov)

ATV Deaths in South Carolina

South Carolina has had its share of these tragic fatal accidents. An average of 17 South Carolinians die each year from ATV-related injuries. (DPH.SC.GOV) 

There have been several recent deaths in South Carolina that occurred due to the driver losing control of their ATV and crashing. While some of these deaths have occurred on private property, there have also been deaths at licensed ATV parks.

Jorge Bienavides died while using an ATV at Carolina Adventure World in Winnsboro, South Carolina. He had lost control of his ATV causing it to flip over and land on him. He died at the scene from the injuries caused by the accident (Charlotte Man Killed in Crash).

Also at Carolina Adventure World:

Robert Bell IV and John Breeden III died when Bell lost control of their ATV, crashed through a gate and fell down a 30-foot embankment. According to the release, “the ATV rolled over numerous times, ejecting both Bell and Breeden, who died at the scene” (Two SC Men Killed in Crash).

Another young man was killed after his ATV flipped at the same ATV park. He was 23 years old.

Finally, at another ATV park – the Broken Nut Off Road Park, 30-year-old Carey Van Goodnough was pronounced dead on arrival after an accident. His ATV went into a pond, and he never came out (One Dead in Kershaw Co.).

ATV Riding on Private Property

In addition to those deaths at ATV parks, there have been other deaths where the drivers owned their own ATVs and had experience riding them. Lee Renwick of Lake Wateree died when he lost control of his ATV while driving down a road. He crossed the centerline, flipped, and died at the scene of the accident. According to the officers who responded to the crash, Renwick was not wearing a helmet. Although with current ATV legislation, he was not required to (Man Killed in ATV Crash).

Another man was charged with driving under the influence resulting in death in Colleton County, SC. Lee Rollin McClary was driving an ATV with a passenger on private property. The ATV overturned and killed his passenger (Man Charged in Deadly ATV Accident).

ATV Regulations

Anyone in South Carolina that is six years old or older can use an ATV as long as they are on private property and are supervised by an adult. Adults are not required to wear helmets while operating ATVS. However, anyone under 16 years of age must wear a helmet when driving or when riding as a passenger on an ATV (South Carolina General Assembly).

Chandler’s Law

To address ATV safety for children, South Carolina passed Chandler’s Law in 2011. This law was named after a 16-year-old boy named Chandler Saylor. Saylor was from Swansea, SC, and was killed in May of 2003 while riding an ATV at a friend’s birthday party.

Chandler’s Law sets age limits for ATV riders, requiring children under 16 to take safety courses before riding. It also requires them to wear helmets and protective eyewear. Through these regulations, South Carolina hopes to prevent more tragedies and keep ATV riders safe.

ATV Safety

While these deaths were all accidents, they may have been prevented by updated regulations when it comes to the operation of ATVs. There has not been an update to ATV regulations in South Carolina since 2011, and preventable deaths continue to happen.

ATV safety is everyone’s responsibility. If you plan to ride, always follow safety rules, wear the right gear, and know your limits. Be safe out there!

For more information on four-wheeler safety, watch this video by the U.S. Consumer Product Safety Commission:

Video: ATV Safety

Tom Yager, vice president of the ATV Safety Institute suggests following the 8 Golden Rules to prevent injury and death when riding ATV’s:

  1. Always wear a Department of Transportation (DOT)-compliant helmet, goggles, long sleeves, long pants, over-the-ankle boots and gloves.
  2. Never ride on paved roads, except to cross safely and where allowed by law.
  3. Never ride under the influence of drugs or alcohol.
  4. Never carry a passenger on a single-rider ATV, or more than one passenger on an ATV designed for two people.
  5. Ride an ATV that’s right for your age.
  6. Supervise riders younger than 16.
  7. Only ride on designated trails and at a safe speed.
  8. Take a hands-on ATV safety course: ATVsafety.org or call 1-800-887-2887.

ATV safety is everyone’s responsibility. If you plan to ride, always follow safety rules, wear the right gear, and know your limits. Be safe out there!

Contact David L. Hood if You’ve Been Hurt by a Defective Product in South Carolina

If you or a loved one has been injured by a recalled or defective product, please schedule a free consultation with attorney David L. Hood by calling (843) 491-6025 or filling out our brief online contact form.

We know how difficult it can be to deal with the effects of product defect-related injuries and the untold pain and suffering they cause. At The Law Offices of David L. Hood, we work hard to protect your rights and make things simple for you and your family so you can focus on healing. After a free case evaluation, attorney David L. Hood, co-counsel, and our team of experts will vigorously pursue your case to get you the best result we can achieve. Let us put years of experience to work for you!

*Clients are not liable for any expenses unless there is a recovery in their case; however, if there is a recovery in their case, clients will be liable for expenses. Attorney’s fees are based on a percentage of the recovery, which will be computed before deducting expenses.

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Categories
Wrongful Death Attorney

Most Dangerous Jobs in the US –
Fatalities on the Rise

Most dangerous jobs in the US
A farmer spraying crops with a crop sprayer
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The most dangerous jobs in the US are becoming even riskier, with an increasing number of fatalities reported in the latest Census of Fatal Occupational Injuries Summary by the Bureau of Labor Statistics. These jobs often involve hazardous environments, heavy machinery, or intense physical labor, making them perilous for workers. Although they come with high risks, these dangerous jobs are critical to our everyday lives. The hazards understandably leave many workers, and their families, worried about safety.

Occupational Safety and Health Act of 1970

In 1970, the Occupational Safety and Health Act was signed into law by President Nixon. This law was enacted, “To assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act…” The law also “established the first national collection of data on workplace injuries (information on fatal injuries was not collected until 1992).” (Philomathnews.com) This data helps implement policies to keep workers safe.

Because of this law, workers are much safer than they were in previous decades. However, the latest Bureau of Labor Statistics report shows workplace fatalities increased from 5,190 to 5,486. That’s a 5.7% increase in one year’s time! A worker dies about every hour and a half from work-related injuries.

Why the recent rise in workplace fatalities?

According to the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) President Liz Shuler, some employees fear retaliation if they report dangerous conditions at their job. So, they just don’t mention it. The result is more employees working in unsafe environments.

Other reasons for the rise in workplace fatalities, per the U.S. Occupational Safety and Health Administration (OSHA):

  • Employees overdosing on drugs at work
  • Violence against co-workers
  • Suicides on the job (CBSNews.com)

What is the most dangerous job?

The most dangerous job in the US is the occupational field agriculture, forestry, and fishing/hunting. According to the latest Census of Fatal Occupational Injuries Summary, this field had 23.5 deaths per 100,000 full-time workers for the year. The high number of fatalities in this field makes it the most dangerous profession in America.

Why this field tops the list

These jobs are dangerous because they involve working with heavy machinery, dealing with unpredictable weather, and operating in remote or wild environments. The combination of these factors makes the field agriculture, forestry, fishing and hunting the deadliest job in America.

While these jobs are risky, they are also vital. Farmers provide the food we eat, foresters supply the wood for our homes, and fishermen bring in seafood.

Agriculture:

  • Use of heavy machinery like tractors and combines. These machines can be dangerous if not handled properly.
  • Working long hours. This can lead to fatigue, making it easier to make mistakes.
  • Unpredictable weather. A sudden storm can make conditions unsafe, whether it’s high winds, lightning, or slippery mud.

Forestry:

  • Biological hazards like poisonous plants and animals, as well as predatory animals. Animals can also spread deadly diseases.
  • Falling from trees.
  • The use of chainsaws and other dangerous equipment, especially in tough conditions like steep slopes or icy weather.
  • Working in remote areas, far from medical help. If an accident happens, getting the injured person to a hospital quickly can be difficult.

Fishing and Hunting:

  • Fishermen often work on boats in rough seas, where high waves and storms can easily lead to accidents. Boats can capsize, or fishermen can fall overboard. In freezing waters, survival time is short.
  • Hunters may encounter wild animals, and there’s always a risk of accidental shootings. Hunters often work in remote areas where getting help quickly is challenging.

The most dangerous careers

After agriculture, forestry and fishing/hunting, these are the next most dangerous jobs in the US (based on fatality rates) according to the AFL-CIO:

  • Mining, quarrying, and oil and gas extraction (16.6 per 100,000 workers)
  • Transportation and warehousing (14.1 per 100,000 workers)
  • Construction (9.6 per 100,000 workers)
  • Wholesale trade (5.4 per 100,000 workers)”

These jobs often involve working in dangerous conditions, dealing with heavy equipment, or being exposed to elements that can lead to accidents.

Other Risky Jobs

Other jobs known for being risky often involve working at great heights, dealing with heavy equipment, or being in unpredictable environments. Workers in these professions face serious hazards that can lead to injury or even death if something goes wrong. These jobs include:

– Aircraft pilots and flight engineers
– Roofers
– Construction laborers
– Electrical power-line installers and repairers

Most dangerous job in South Carolina

The most dangerous job in South Carolina is private construction. Out of 132 SC employees killed on the job (in the latest Bureau of Labor Statistics report) 24 of those deaths were in the private construction industry. That number increased from 21 in the previous year.

Wrongful death caused by workplace accident

When someone dies while working, it’s a tragedy not only for their family but also for their coworkers and community. Sometimes, these deaths could have been prevented if the proper safety measures had been taken. If a worker dies because of someone else’s negligence, it’s considered a wrongful death.

Wrongful death can happen in any job, but it’s more common in high-risk professions where safety protocols might be ignored or insufficient. Families affected by wrongful death may be entitled to compensation, but proving negligence can be challenging.

How can employees in dangerous jobs stay safe?

Safety should always be the top priority in any job, no matter how dangerous it may be.

Here’s how workers can protect themselves while working in dangerous careers:

1. Wear Proper Safety Gear
This includes hard hats, safety goggles, gloves, and steel-toed boots. Wearing the correct gear protects workers from falling objects, sharp tools, and other hazards.

2. Get Proper Training
Knowing the proper way to operate machinery, handle tools, and follow safety procedures can prevent many accidents. Training should be updated regularly to ensure workers are aware of the latest safety practices.

3. Follow Safety Procedures
This might include wearing a harness when working at heights, following lockout/tagout procedures when dealing with machinery, or using ladders correctly.

4. Stay Aware of Your Surroundings
Pay attention to where other workers are, what machinery is in use, and any changes in the environment, like weather conditions. Staying alert can help prevent accidents before they happen.

5. Communicate with Your Team
Workers should always communicate with their team, especially when working in close quarters or with heavy machinery. Letting others know where you are and what you’re doing can prevent accidents.

6. Take Breaks
Workers should take regular breaks to rest and recharge. A well-rested worker is more alert and less likely to have an accident.

7. Report Unsafe Conditions
If a worker notices something unsafe, they should report it immediately, whether it’s a broken piece of equipment, a spill, or something else that could cause an accident.

8. Keep Learning
Safety standards and practices are always evolving. Workers should stay informed about the latest safety guidelines and attend regular training sessions.

By understanding the risks and knowing your rights, you can help protect yourself and your loved ones.

Video: Farming is one of the most dangerous jobs in the country

Do I need a wrongful death attorney?

If you’ve lost a loved one due to a workplace accident, you might need a wrongful death attorney. These attorneys specialize in cases where someone’s death was caused by another’s negligence or misconduct. They can help you navigate the legal process, gather evidence, and ensure you receive the compensation you deserve.

Hiring a wrongful death attorney is crucial if the company or employer is trying to deny responsibility for the accident. A skilled attorney will fight for your rights and help you through this difficult time.

Your South Carolina Wrongful Death Attorney, David L. Hood

The Law Offices of David L. Hood has been fighting for the rights of workers in Charleston, N. Charleston, Mt. Pleasant, Georgetown, Murrells Inlet, Myrtle Beach, North Myrtle Beach, Columbia, Greenville, Hilton Head, Rock Hill and all across South Carolina for over 30 years. We have a dedicated team that will strive to take care of your wrongful death claim professionally and treat you with respect. Over the years we, along with co-counsel have represented hundreds of workers and their families, working hard to get them the compensation they deserve.

To learn more about what we can do for you, contact our offices to set up a free initial consultation. If you choose to work with us, we will handle your case on a contingent fee basis, which means you pay nothing unless we make a recovery for you. To get in touch with us, you can call our offices at (843) 491-6025 or email us here.

GET A FREE wrongful death CONSULT
Categories
Medical Malpractice Lawyer Pharmacy Malpractice

Chain Pharmacies – Chaos Causing Deadly Errors

Chain pharmacies chaos causing deadly errors
A pharmacist filling a prescription
Call NOW for your free medication errors consult

Chain pharmacies are a common sight in almost every neighborhood, offering convenience and accessibility to medications and health services. While they serve a vital role in our healthcare system, there are growing concerns about the deadly errors that can arise from their hectic and often chaotic environments.

Are pharmacists respected?

For decades, pharmacists were the most trusted profession in America. Though they are still respected, they are no longer the most trusted.

Unfortunately, mom and pop pharmacies are a thing of the past. Here’s how Joe Graedon, President of The People’s Pharmacy describes modern day pharmacies, “Today, most prescriptions are filled in chain pharmacies, groceries or big box discount stores. Most of your interaction is with the clerk or the technician rather than the pharmacist.” (PeoplesPharmacy.com)

Big chain pharmacies

Dominating the pharmacy market now are a few big chains. After mail-order and online pharmacies, retail chains ranked second in annual prescription revenue in the US, with $163 billion. Regional and alternative pharmacies came in fourth and fifth places respectively. (Statista.com)

“As the companies have grown, they have applied cost-cutting measures, especially performance metrics, to their pharmacist employees.” Pharmacists are now expected to fill many prescriptions quickly, causing our health to be at risk.

Why do prescription errors happen?

One of the most significant challenges faced by employees in chain pharmacies is the pressure to serve many customers quickly. Pharmacists and technicians are required to fill prescriptions at a rapid pace, which can lead to mistakes such as an incorrect dosage, wrong medications, or improper labeling. The pressure doesn’t just come from the volume of work but also from the need to meet corporate targets and efficiency metrics. This high-stress atmosphere can reduce the time staff have to double-check their work or consult with each other, increasing the likelihood of errors.

Overworked Pharmacists

Many pharmacists at these huge retail chains say they are not surprised by mistakes that happen while filling prescriptions. They are overworked and understaffed. Pharmacists at companies like CVS, Rite Aid, and Walgreens described chaotic, understaffed work environments where it has become hard to perform their jobs safely, putting the public in danger of medication errors.

“They struggle to fill prescriptions, give flu shots, tend the drive-through, answer phones, work the register, counsel patients, and call doctors and insurance companies, they said – all the while racing to meet corporate performance metrics that they characterized as unreasonable and unsafe in an industry squeezed to do more with less.”(Boston.com)

Distraught pharmacists are reporting to State boards and associations, explaining their struggles, even to the point of saying they feel they are a danger to the public. State pharmacy boards find it difficult to regulate the chains.

An estimated 1.5 million Americans are harmed by pharmacy errors each year. (AMCP.org) And about one in five prescriptions dispensed each year deviate from the physicians’ written orders. (PeoplesPharmacy.com)

What happens if a pharmacist makes a mistake?

The consequences of pharmacy errors can be severe. Patients may experience adverse health effects from taking the wrong medication or incorrect dosages. In some cases, these errors can lead to hospitalizations, more severe health complications, and even death. The trust that patients place in their pharmacies is also at stake, as repeated errors can lead to a loss of confidence in these essential healthcare providers.

Chain pharmacy errors in South Carolina

A pharmacist in South Carolina acknowledged making 10 to 12 errors a year. (SeattleTimes.com)

Another pharmacist in South Carolina handed a mother of an 8-year-old child a prescription that was supposed to contain Ritalin to help control her daughter’s ADHD. Due to the pharmacy being understaffed on the busiest day of the week (a Monday), the little girl was mistakenly prescribed a diabetes drug at 16 times the normal adult dosage! The little girl took the medication, then sank into a coma and suffered permanent brain damage. It was discovered that the pharmacist who made the mistake was at the end of a 12-hour shift – and a 60-hour work week.

How to protect yourself from pharmacy mistakes:

  • Talk to the pharmacist. If a prescription is one you’ve never taken, talk to the actual pharmacist. Even though they look very busy, and probably are, they are the best source of information about the drugs they dispense. Ask about side effects and about interactions with any other medicines you are already taking. Just taking the time to ask one question increases the odds that the pharmacist will take a second look at your prescription and catch any possible errors.
  • Open the bag and check your prescription. One mistake that is commonly made is a prescription being dispensed to the wrong patient. Check the printout and the prescription bottle to be sure the correct name is on both. Also check the address and birth date, in case someone with a similar name had a prescription filled at the same time.
  • Look at the actual medication in the bottle. If you have taken the medicine before, you will recognize if the medicine looks different. If so, don’t assume it’s because of a different manufacturer. ASK THE PHARMACIST. Most prescription bottles will have a description of what the medicine looks like. Read this description and compare to the contents. If anything looks amiss, ASK THE PHARMACIST. The internet can also help you identify medicines. WebMD, Drugs.com and the National Library of Medicine all have websites to help identify pills.
  • Read the instructions. Read the informational leaflet included with most prescriptions. Make sure the medication matches the ailment being treated.

What if a pharmacist makes a mistake?

If you realize a mistake was made, alert the pharmacist as soon as possible. The pharmacist should exchange the wrong medication for the right one. If a prescription was mistakenly mixed up with another patient, it’s important that the other patient is informed quickly, before taking the wrong medication.

Also alert the prescribing physician, since the mistake may have started there.

Where do I report pharmacy mistakes?

Mistakes can also be reported to state pharmacy boards. For South Carolina patients, that would be the South Carolina Board of Pharmacy.

While chain pharmacies play a critical role in providing necessary medications, the chaos within these environments can lead to significant, even deadly errors. By being aware and proactive, you can help ensure your safety and get the most out of your pharmacy experience. Always remember, it’s okay to ask questions and double-check your prescriptions—it’s all about keeping you healthy and safe!

Video: Can I Sue My Pharmacy For Giving Me the Wrong Medicine?

The Law Offices of David L. Hood, Your Prescription Error Lawyer in South Carolina

Prescription malpractice can cause serious health problems and even result in death for many innocent patients. However, if the matter is handled expertly, those responsible for the damages can be held accountable. The Law Offices of David L. Hood and his co-counsel legal team have experience in handling pharmacy malpractice cases.

With an understanding of the system, they utilize their network of medical experts and pharmacists to figure out the cause of the mistake and obtain (if possible) an expert opinion so a claim can be filed against those at fault.

If you have suffered at the hand of someone else’s negligence and incompetence, let The Law Offices of David L. Hood do whatever it takes to help you and your family get justice. We will fight until you get the compensation that you deserve.

If you or a loved-one has been a victim of pharmacy malpractice in South Carolina, contact us for a free initial consultation. You can call us now at (843) 491-6025 or contact us online here.

If after having an expert review your potential case, it looks like we can help you, we’ll work with you on a contingent-fee basis, meaning you won’t owe us a fee unless we get a recovery for you!

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